Posted by Muneer COURT REJECTS REVISION PETITION AGAINST CJM ORDER IN ZAHID FAROOQ KILLING CASE Srinagar, June 11: The Principal Sessions Court here has rejected a revision petition against an order of Chief Judicial Magistrate Srinagar in Zahid Farooq case. The revision petition was filed by maternal uncle of Zahid, a teenager from Nishat who was killed allegedly by BSF during 2010 summer unrest. In his order last year, Chief Judicial Magistrate Srinagar had allowed the application by Director General of BSF seeking trial of Commandant R K Birdi and Constable Lakhvinder Kumar in GSFC. “I am of the opinion that it would be wholly inapt for this court to have interpretation of the orders passed by the Apex Court, the way petitioner is desirous to be done. Thus in my opinion proper course for the petitioner would be to approach the Apex Court itself in case he feels the order passed by the Apex Court conveyed what is sounded by him in terms of instant revision petition,” the Principal Sessions Judge Srinagar Rashid Ali Dar said in his order. “I am of the view that the revisionary jurisdiction cannot be exercised by this forum to upset the order dated 14-9-2013 passed by Chief Judicial Magistrate Srinagar,” reads the Sessions Court order. Besides other grounds, the appellant had challenged the order mainly on the ground that Apex Court had granted only eight weeks to the BSF authority to file an application before CJM Srinagar following the order in SLP. He pleaded that the BSF has filed an application after the expiry of the stipulated time by suppressing the facts that application for extension of time for filing the petition for extension of time was dismissed by Apex Court. The appellant had also pleaded that he came to know during the pendency of the application before CJM that BSF authority had sought further time from Supreme Court to file the application before CJM and further time was granted on 5-8-2013. He pleaded that the time was extended by the Supreme Court up to 14-8-2013 to move the application but the BSF authority from August 5to 14 did not move any such application before CJM as such the time granted was not availed by the BSF authority. However the contentions were opposed by the BSF and after considering rival arguments, the court rejected the revision petition. On April 25, 2013 the Supreme Court in two Special Leave Petitions filed by the State government and Zahid’s family against the Jammu and Kashmir High Court order ruled that the BSF authorities would decide in 8 weeks whether they want trial of the accused before a Srinagar criminal court or GSFC.
Posted on: Thu, 12 Jun 2014 02:54:51 +0000
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